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COMMON QUESTIONS ABOUT DIVORCE

More than simply throwing up one's arms and saying "I want a divorce," ending a marriage is a process. To have the marriage dissolved legally takes time and effort. Cummings Law Firm has faithfully served the Waterbury area for nearly 25 years, helping the divorce process go as smoothly as possible for many couples who have made the decision to part ways. We are familiar with the aspects of divorce proceedings and have enough experience to answer any of the questions which are bound to arise. In fact, we can answer some of those questions right now.

Here are 10 of the most commonly asked questions about divorce proceedings. Just keep in mind that divorces can be complex processes and that if you need legal advice, you should get in touch with your attorney at Cummings Law Firm.

1. Do both parties need to have an attorney, or can one lawyer represent us both?

It is unacceptable and unethical for one attorney to represent both parties during divorce proceedings. You should each have your own attorney that can guide you through the process and illuminate anything you might not be clear about concerning finances, property, custody of children, etc.

2. Do I have to go to court?

You are not required to go to court; however, if you and your spouse cannot come to an agreement on certain matters it is possible that you will both have to appear before a judge who will render the final decision.

3. Do both parties have to agree to the divorce?

It is possible to file for divorce even if both parties do not agree to it. As long as certain criteria are met, it is possible to establish grounds for a divorce.

4. What is marital property?

All assets and property that is jointly-titled to both parties throughout the marriage is considered marital property and is subject to equitable redistribution after the divorce.

5. What is separate property?

Property that was acquired by an individual before the marriage or gifted/inherited by an individual during the marriage may be considered as separate property. This means that it may not be included in the division of assets.

6. What is no-fault divorce?

No-fault divorce is a divorce in which one or both of the parties believes that the marriage has broken down through no fault of either party.

7. What is fault divorce?

The opposite of no-fault divorce, fault divorce is based on the grounds that one of the parties is responsible for negatively impacting the marriage. Examples of these grounds include adultery, intolerable cruelty, and willful desertion, among others.

8. How long will the divorce process take?

In the state of Connecticut, the dissolution process will take a minimum of 4 months. It is possible that complex cases could last for longer periods of time.

9. How much will the divorce cost?

Divorce fees will vary from state to state. In Connecticut, typical fees include $350 to file a complaint and a $50 fee for the court papers to be served. Depending on the specific circumstances of each case, there may be other fees, and attorney fees and rates are dependent on several variables. Your attorney can provide you with more information.

10. Can I change my mind during the divorce process?

Up until the point when an order/judgement is filed, couples can back out of divorce proceedings. But after that point, the order is considered law and must be followed. There are ways that a couple can have to order reversed, but it can be a difficult process.

The divorce process doesn't have to be filled with confusion or animosity. Contact Cummings Law Firm today, we are ready to help.

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